California VC 22350-Unsafe Speed Violation Question

[Spellfyre776]

Hey folks!

Long time lurker here. I have a question. On 0707/07 I was getting onto a on ramp apparently too fast (according to CHP) and my truck overturned. My question is regarding the citation I received, I was sited for Unsafe speed and since I was transported to the hospital(I was ok just safety precautions) I was unable to sign any citations. I received it the mail about a week ago. However in the box where I am supposed to sign all it says is "Complaint to be filed" and a date of 08/03/07. Also on the accident report the CHP officer recommendation is " I request the District Attorney's Office file a complaint against P1(My name) for violating section 22350 VC." I was dismissed from my employer and have already found another job driving. I have called the DA office and the traffic division of the county courthouse but nothing is in the system as of yet. I am concerned with the fact that nothing is filed and the date on my citation is only 2 days away. I am hoping for just a stiff fine and the ability to be able to continue my driving career. ANY and ALL information would be greatly appreciated. Thank you in advance.

[obiedon]

I hate to be the bearer of bad news, but unless there was some sort of mechanical failure. The CHP Officer was right and you were going to fast, that's why the truck turned over, but I suspect you know that already. As to the Court date, here in California it is only a general guideline and it is your responsibility to contact the Court to see when the charges actually are entered into the system. I have a co-worker who was cited for a lane violation and it took several months past the original date to appear on the citation. Your best bet would be to retain an Attorney and have them represent you in Court.

[greg3564]

I am hoping for just a stiff fine and the ability to be able to continue my driving career. ANY and ALL information would be greatly appreciated. Thank you in advance.

Well, a stiff fine you will probably get. I don't know what your driving history is, but I don't see a judge dismissing the charge due to the fact it involved a rollover in a CMV. Federal Regs do not allow Class A drivers to attend driving school or have the ticket reduced anymore.

Your charge should be entered into the system on the date they listed on the ticket. After that date you should call the court to find out when your court appearance date will be.

I suggest you stick with the driving job you have now. Because after this is all said and done you will have an at fault accident on your DMV report. If you are found guilty you will also have a speeding conviction too. As you may know, most companies will not hire someone with a rollover accident for several years. Good luck and keep us updated.

[lwpat]

Greg is correct. You need to stay with your current employer since it will be very difficult to find another job. I hope you told them about the accident. If not, you will probably be fired when they next check your MVR.

This will probably go on your DAC report if your old company reports to them and stay on for seven years.

CA usually sends out a courtesy notice when the speeding ticket is entered into the system but you need to keep checking with the court. Some CA courts are way behind so this is not unusual. Your best bet is to ask for a court date and then show up. If the officer does not show you can request a dismissal. You cannot take traffic school and keep the ticket off your record. If you get it dismissed, this will help some but the at fault accident will probably still be on your record.

To obiedon
A lane change violation is a serious CDL violatin and should always be contested. Usually you can get it reduced to something else that will not lead to a suspension.

[Kurbski]

Hey there Barn. Ya left your lights on again.
I know.. I know.. Who am I to say anything with my broke avatar.
The server is down...Bummer

[papafish]

i know how most companies feel about rollover accidents....its seems like they make a bigger deal out of them at times than they do head on fatalities.....but it begs to question...you take a guy with years and years of driving with no accidents or tickets and then...boom..a rollover...is that suppose to ban him for life??looks like some discrimination going on here...speaking from experience that is....

[CaptCaveman]

There are no good reason to lay a truck on its side unless it was avoiding a worse situation such as running over a minivan full of kids. I know a guy who has been an adjuster for a major carrier of truck insurance for 30 yrs and he's rather adamant on truck rollovers being the easiest incident to avoid.

[Orangetxguy]

There are no good reason to lay a truck on its side unless it was avoiding a worse situation such as running over a minivan full of kids. I know a guy who has been an adjuster for a major carrier of truck insurance for 30 yrs and he's rather adamant on truck rollovers being the easiest incident to avoid.

That right there, as well as a bus load of Senior Citizens, is THE ONLY reason that I will drive my truck off of a road surface, to avoid a 4-wheeler. All others, are gonna swap paint with me.

I say that, because, when you are laying over in a ditch, with no other vehicle around, and the vehicle you swerved to avoid continues on down the road, with out looking back...all you have is your truck, laying in a ditch, as proof of what occured. I've never layed a truck over, and I've never swapped paint, though I have come close, on the paint swapping.